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Article
24 - Education
Background Documents | Article
24 Background
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Working Group | References
Working Group
Draft Article 17
EDUCATION55
• States Parties recognise the right of all persons with disabilities to education.
With a view to achieving this right progressively and on the basis of equal
opportunity, the education of children56
with disabilities shall be directed to:57
a. the full development of the human potential and sense of dignity and self
worth, and the strengthening of respect for human rights, fundamental freedoms
and human diversity;
b. enabling all persons with disabilities to participate effectively in a free
society;
c. he development of the child's personality, talents and mental and physical
abilities to their fullest potential;
d. take into account the best interests of the child, in particular by individualising
education plans;
• In realising this right, States Parties shall ensure:
a. that all persons with disabilities can choose inclusive and accessible education
in their own community (including access to early childhood and pre-school education);58
b. the provision of required support, including the specialised training of
teachers,59 school counsellors and psychologists,
an accessible curriculum, an accessible teaching medium and technologies, alternative
and augmentative communication modes, alternative learning strategies, accessible
physical environment, or other reasonable accommodations to ensure the full
participation of students with disabilities;
c. that no child with disabilities is excluded from free and compulsory primary
education on account of their disability.
• States Parties shall ensure that where the general education system does not
adequately meet the needs of persons with disabilities special and alternative
forms of learning60 should be made available.
Any such special and alternative forms of learning should:61
a. reflect the same standards and objectives provided in the general education
system;
b. be provided in such a manner to allow children with disabilities to participate
in the general education system to the maximum extent possible;62
c. allow a free and informed choice between general and special systems;
d. in no way limit the duty of States Parties to continue to strive to meet
the needs of students with disabilities in the general education system.
• States Parties shall ensure that children with sensory disabilities may choose
to be taught sign language or Braille, as appropriate, and to receive the curriculum
in sign language or Braille. States Parties shall take appropriate measures
to ensure quality education to students with sensory disabilities by ensuring
the employment of teachers who are fluent in sign language or Braille.63
• States Parties shall ensure that persons with disabilities may access general
tertiary education, vocational training, adult education and lifelong learning
on an equal basis with others. To that end, States Parties shall render appropriate
assistance to persons with disabilities.
Footnotes:
55: The Ad Hoc Committee may wish to consider
whether this draft Article should cover training more extensively, drawing together
the provisions on training in other Articles.
56: The Ad Hoc Committee may wish to consider
whether the focus of the chapeau should be solely on 'children', since other
provisions of this draft Article refer to 'persons' with disabilities.
57: Paragraph 1 of this draft Article draws
on Article 13(1) of the International Covenant on Economic, Social and Cultural
Rights and Article 29(1) of the Convention on the Rights of the Child. It does
not quote those sources in full, but rather selects those elements that have
particular relevance to persons with disabilities. The Ad Hoc Committee may
wish to give further consideration to this approach.
58: The intent of this draft Article is
to provide the right to choose inclusive and accessible education. There is
no intention to create an obligation on students with disabilities to attend
general schools where their needs may not be adequately met. The Ad Hoc Committee
may wish to consider whether the wording of this paragraph is sufficiently clear.
59: The Ad Hoc Committee may wish to consider
whether this draft Article should also include the employment of teachers with
disabilities in the general education system (see, for example, Article 10(d)
of the Indian proposal), the removal of legislative barriers to persons with
disabilities becoming teachers, and raising awareness among teachers of the
needs of children with disabilities.
60: The term 'learning' does not have the
same meaning as the term 'education'. The Ad Hoc Committee may wish to consider
which is the most appropriate word. An alternative word in this paragraph could
be 'provision'.
61: While members of the Working Group considered
that choice was an important element of this paragraph, some members considered
that the right to education was more important. Other members would have liked
greater emphasis on the best interests of the child in this choice.
Different approaches were also identified to setting out the relationship between
the provision of specialist education services and the general education system.
Some members considered that education of children with disabilities in the
general education system should be the rule, and the provision of specialist
education services the exception. Others thought that specialist education services
should be provided not only where the general education system is inadequate,
but should rather be made available at all times without a presumption that
one approach was more desirable than the other. Some members of the Working
Group, for example, highlighted the need for deaf and blind children to be allowed
to be educated in their own groups. If the latter approach were to be taken,
the Working Group considered that there should still be an explicit obligation
on the state to make the general education system accessible to students with
disabilities, without limiting the individual's ability to choose either the
general system or the specialist services.
62: The intention of this sub-paragraph
is to ensure that the general education system and specialist education services
are not mutually exclusive options, and that there is a range of options in
between that are available.
63: Some members of the Working Group preferred
to keep this paragraph specific to children with sensory disabilities to allow,
for example, deaf children to be taught in sign language. Other members questioned
whether it should be broadened to include all children who might need alternative
communication modes. In either case, there was agreement that wherever sign
language, Braille, or alternative communication systems are taught and used,
it should be in addition to, and not instead of, the teaching of written or
spoken national languages. The Ad Hoc Committee may also consider whether this
issue could be addressed in draft Article 13 on freedom of expression and opinion.